Monticello's mayor enters not-guilty plea

Thursday

Jun 10, 2010 at 2:00 AM

MONTICELLO — Mayor Gordon Jenkins pleaded not guilty to felony charges on Wednesday that accuse him of selling knockoffs at his Broadway store while his attorney indicated in open court he believes the charges are politically motivated and plans to ask the judge to remove District Attorney Jim Farrell from the case.

Victor Whitman

MONTICELLO — Mayor Gordon Jenkins pleaded not guilty to felony charges on Wednesday that accuse him of selling knockoffs at his Broadway store while his attorney indicated in open court he believes the charges are politically motivated and plans to ask the judge to remove District Attorney Jim Farrell from the case.

Jenkins appeared for his arraignment on trademark counterfeiting and other charges with attorney Donald Feerick Jr. of South Nyack.

Jenkins, 50, and his girlfriend, Rochelle Massey, 49, of Monticello, were both named in the indictment. Massey previously pleaded not guilty.

Authorities searched the business G Man Beauty Supplies and Jenkins' Clinton Avenue home on Feb. 11 and found 300 pairs of counterfeit Nike sneakers and suspected knockoff movies. A small amount of marijuana was recovered from the home. The two are further charged with five sales of counterfeit shoes from September 2009 through February, and failure to collect sales tax.

The seized counterfeit sneakers were worth more than $1,000, making it a felony.

The most serious charges are two counts of second-degree trademark counterfeiting, a felony, carrying a sentence of 11/3 to four years in prison. They also face misdemeanor charges that include eight counts of trademark counterfeiting, five counts of failure to collect sales tax and unlawful possession of marijuana, a violation.

If convicted of the felony charge Jenkins, who is also a correction officer, would have to step down as mayor.

Feerick told Judge Frank LaBuda he is concerned that Farrell is motivated by politics.

He said Farrell controlled the investigation and seemed to time the arrest to a few weeks prior to a village election, where Jenkins' allies were running for the board. Feerick noted that nobody in Sullivan County, according to records, has ever been convicted of felony trademark counterfeiting or failing to collect sales tax. Feerick said the arrest was leaked to Jenkins' enemies, who shot a video while the two were being arrested.

Feerick also said Farrell sent an e-mail on May 26, the day Jenkins and Massey were indicted, to Jenkins' primary opponent on the Village Board, Carmen Rue, notifying her of the indictment.

Farrell assigned an assistant DA to handle the arraignment and wasn't in court.

"There is absolutely no political involvement in the prosecution of Gordon Jenkins and Rochelle Massey, absolutely none," Farrell said. "The case came to light under DA (Steve) Lungen and continued into my term. This is about violating the law, not about politics."

Feerick asked LaBuda to compel prosecutors to preserve all correspondence or other documents, so they might be reviewed to determine political bias that might justify a special prosecutor.

LaBuda reserved his decision, but ordered prosecutors not to destroy any of Farrell's correspondence temporarily.

A small contingent came to court to show support for Jenkins.

"It won't distract me," Jenkins said afterward. "I will continue to fight for the people in this village."